Garrett-DE-1806-Will
Will of John Garrett, Jr.
Be it Remembered that I John Garrett of Christiana Hundred County of Newcastle and State of Delaware, being advanced in age but (thro' Mercy, thankfully) of sound & disposing Mind ... do ... make & ordain this my last will and testament, in manner and form following.
And First, My will is that my body be buried in a decent and Christian like manner at the discretion of my Executor hereinafter mentioned and all the expense accuring hereon together with all my just debt may be paid as soon as conveniently may be after my decease.
2nd, I give and bequeath to my well beloved wife Elizabeth Garret as much (& her choice) of my Household and Kitchen Furniture as she may choose to furnish a Parlour, two rooms, and Kitchen ... and likewise my will is, that my beloved Wife shall have and enjoy the following privileges during her natural life, (viz) All my Dwelling House I now live in (except the Garret) and one-half of the Cellar (to have her choice of which), likewise one-half of the Spring-House and Garden (to have her choice of both), with full privilege of the Well to draw Water and also the use of the Kitchen to Wash and bake in, until she chooses to erect a small Kitchen for her own use; and likewise liberty to draw Stone, and to cut timber to build said Kitchen, on the said plantation, if and when she sees fit: And my further will is that she shall have as many Apples, Pears & Peaches yearly and every year (if as plenty as usual) as she thinks needful for her and her family to bake and dry in the summer and as the Winter likewise four barrels of Cider, she finding barrels therefore, Also good pasture in the Summer, and plenty of good Hay thro' the Winter, with good stables, for one horse (or Mare) and one cow (which two creature I give and bequeath unto her): and my will is that she may have her choice thereof among my stock at the time of my decease---the above privileges are to be furnished by the person who possesses the Farm I now live on in Christiana Hundred afore'said, and also said person is to procure and provide as much good firewood (cut) & drawn to her yard as she will need during her natural life ... and further I give and bequeath the annual sum of One hundred and fifty dollars to my said well beloved wife to be paid to her by my son Horatio Gates Garrett or whoever shall possess the paper Mill with the Plantation whereon he the said Gates now lives in the following manner, to wit, that the said sum of One hundred & fifty dollars shall be equally divided into four parts and she my said wife to be paid thirty-seven dollars and forty cents every quarter of a year during her natural life agreeable to a Contract between me and my son Horatio Gates Garrett.
3rd, I give and bequeath to my son John Garret the just sum of ten dollars which with what he has hertofore received, I allow to be his full share of my estate, both real and personal.
4th, I give and devise to my son Levi Garrett to him his heirs & signs forever all my present farm with the improvements thereon containing two hundred acres to be the same more or less, bounded by lands of Andrew Yeatman, James Ritchey & Others & lying in Christian and Mill Creek Hundred in the Delaware State aforesaid subject to his Mother's interest aforesaid & subject to the following legacies:
5th, I give and bequeath to my son Joseph Garrett the annual sum of Twenty four dollars to be paid to my son Levi aforesaid his heirs, executors, admin. or assigns in the following manner, to wit: six dollars at the end of every three months to be paid into the hands of said son Joseph and to no other person except his wife during the lifetime of said Joseph. The above annuity is to be paid to said son Joseph during the lifetime of my beloved wife: and at her decease my will is that the additional sum of twenty four dollars shall be paid my said son Levi in manner aforesaid of my said son Joseph that is the just sum of six dollars quarterly during the life time of my said son Joseph Garrett my will is that the sum of eight hundred dollars be paid to his children to be equally divided between them share and share alike by my son Levi his heirs, extrs, adms. or assigns ...
6th I give and bequeath to Margaret, wife of Joseph Garret, the annual sum of sixteen dollars to be paid to her on her order by my son Levi his Heirs, extrs..adms. or assigns during the lifetime of my beloved wife in the following manner, to wit, four dollars at the end of every three months, and after the decease of my wife my will is that she, my said daughter in Law shall have the additional sum of sixteen dollars during her natural life to be paid to her annually in the same manner the aforesaid annuity of Sixteen dollars is to be paid, and all to be paid by my son Levi Garrett; and at the decease of said daughter in Law Margaret Garrett my will is that my said son Levi, his heirs, extrs., adms. or assigns, shall pay to my son Joseph Garrett's children the full sum of five hundred and thirty three dollars and thirty three cents to be equally divided between them share and share alike when they arrive at lawful age to receive them & other legacy before mentioned of eight hundred dollars....
7th, I give and Bequest to my daughter Margaret, now wife of James Mifflin Gibbons, Esq., the sum of eight Hundred Dollars to be paid to her, her heirs or assigns, in six months after my decease; and at the decease of my loving wife, my will is that my last mentioned daughter shall have the additional sum of eight hundred dollars; both legacies to be paid by my son Levi his heirs etc.: the last mentioned legacy to be paid within six months of my wife's decease.
8th, I give and bequeath to my son Horatio Gates Garrett ten dollars which with what he hath already received I allow to be his full share of my who estate, both real and personal; notwithstanding, if there should be any of my personal estate left after debts and funeral expenses to be paid my will is that it be equally divided between my sons Levi Garret and Horatio Gates Garrett and my Daughter Margaret Gibbons, their heirs and assigns.
9th, My will is that my three negro lads, viz., Frank, Cato, and Peter be all & each of them be put to good places where they will likely to be well used and kept until they severally arrive at the age of 21 years and then to be manumitted and set free by my executors herinafter named.
10, Lastly I do hereby constitute, nominate and appoint my Trusty and well beloved son Horatio Gates Garrett, to be my whole and sole executor of this my last will and testament, having confidence in him that he will act therein to the best of his knowledge, & therefore my last request & desire is that he not be held to give bail for his faithful performance thereof....18th December 1804.
John Garrett {SEAL
Witnesses: Archibald Armstrong, Snr.
William Armstrong
John Armstrong, Snr.
Codicil: Kitchen been built for wife and cellar underneath; also appoints son Levi to be joint executor with son Horatio Gates. 20th day of 3rd Month, 1806.
Will recorded: Liber Q, P. 128....New Castle, Del.
Contributed by: HyBy@willard-oh.com